Guidelines on what they can do if their human rights are challenged, undermined, or violated are provided to internet users by the Council of Europe.
In the relevant Guide, the Council of Europe emphasizes that, in general, users' rights are defined by the terms of Internet companies, which few people read and even fewer fully understand.
The Council of Europe lists the following as fundamental human rights on the Internet: protection of freedom of expression, freedom of assembly, freedom of association and participation, protection of privacy and data, education and learning, protection of children and youth, and the right to effective legal recourse for human rights violations.
The Guide has already been approved by the Committee of Ministers of the Council of Europe, which includes the foreign ministers of the 47 member states of this pan-European Organization.
«Governments, private companies and other entities have the obligation to respect human rights offline and online . We will work with them to implement the guide, and ensure that Internet users have access to effective legal means when they consider that their rights have been restricted or violated», said the Secretary General of the Council of Europe Thorbjörn Jägland.
In summary, the Guide provides that:
– Access to the internet is a catalyst for the exercise of other human rights and users should not be disconnected from the Internet without their consent, only by court decisions.
– Users have the right to express themselves freely on the Internet and to have access to information and opinions of others, including those that may offend, shock or disturb other individuals, respecting the protection of others' private life. Public authorities have the obligation to respect and protect this right.
As clarified at this point, any restrictions on this freedom must be dictated by a legitimate aim, in accordance with the European Convention on Human Rights.
It is stated, for example, that the restriction of freedom of expression on the Internet is legitimate when it concerns the protection of national security or public order, but even in this case it must be in accordance with human rights law.
These restrictions, it is emphasized, can be applied to users who, with their writings, incite discrimination, hatred or violence.
– Users have the right to associate and to participate and, consequently, they have the freedom to choose any website, application or other service to connect to and take part in online activities.
They should, however, be aware that they may face legal consequences if their online protest leads to access bans, service disruptions, or damage to the property of others.
– Personal data of users should be processed only if they have consented to it or if it is required by law. Users must be informed about what personal data processing is being carried out, by whom, and for what purpose, as well as the fact that this legitimizes them to exercise control over it.
– Users should not be subject to general surveillance or monitoring measures, except in exceptional cases provided for by law, such as criminal investigations.
– Children and young people are entitled to special protection and guidance when using the internet. If the content they have posted endangers their dignity, safety or private life, or could be harmful to them in the future, upon their request it must be removed within a short period of time. They must also be protected from interventions that aim at sexual exploitation and abuse.
– Users have the right of genuine recourse against violations of their human rights.
In such cases, they can take legal action (not necessarily in court) against Internet service providers, public authorities or resort to human rights organizations, requesting explanations for their possible exclusion, corrections or even compensation.
The Guide explicitly states that internet service providers, content and service access providers, or other businesses or public authorities must provide users with easily accessible information about their rights, and national authorities have the obligation to protect users from criminal activity carried out via the Internet .
If users are charged with a criminal offense they committed on the Internet, they have the right to appeal to a fair trial within a reasonable period, from an independent and impartial court, as well as an individual appeal to the European Court of Human Rights after exhausting all available internal remedies.
Source: tro-ma-ktiko.blogspot.gr
